Question: Can we have a rule stating that no children are allowed in the pool after a certain time in the afternoon (4pm) whether they live in the complex or not? We are almost all over 55 except a couple of units. Can we bar a unit owner from using the facilities because of non-compliance?

Answer: You have the right to restrict any children that are not complying with reasonable rules including being disruptive, loud and obnoxious. You can also restrict children under a certain age who are unaccompanied by a responsible adult. Restricting children based on time of day is not reasonable and discriminatory. The fact that the your community has lots of over 55s doesn't qualify it legally. If it is, as defined by the Federal Housing Amendments Act, you can actually restrict children from residency. For more on this subject, see www.regenesis.net.

Question: Our property manager does not do his job. He frantically sends violation letters and discusses the repair progress with the maintenance committee just prior to the monthly meeting. He claims to visit the property two or three times per week, however, no one seems to see him there. We are entertaining ideas of a new management company or of becoming self-managed. What do you think?

Answer: While you may have better options for management, I do not recommend self management unless your association is quite small (under 20 units) and has minimal financial, administrative and maintenance responsibilities. Property managers typically are on call 24 hours a day for emergencies, something volunteer owners are rarely willing to do. Volunteers like to go on vacations and should not be subjected after hours calls from their neighbors.

Self managed associations frequently have problems keeping accurate and timely books. Finances are the foundation of the association and should be treated seriously. If you decide to self manage, do yourself a favor and at least hire an independent bookkeeper to keep finances rolling smoothly.

If your community is large enough, hiring a resident manager proficient in maintenance, administration and finances is an option although they are very hard to find and once found, to hold on to. Community association management is highly specialized. Look for companies that make it a specialty and ask for client references.

For more on these subjects, see www.regenesis.net.

Published: September 6, 2000

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Richard Thompson owns Regenesis, a management consulting company that specializes in condominium and homeowner associations. He is a nationally recognized expert on HOA management issues. Regenesis publishes The Regenesis Report, a monthly newsletter for HOA boards, developers and managers. To subscribe, go to Regenesis.net. He can be contacted by email at .